The General Secretary Vs the Management — Writ and Judicial Review | Madras HC (2025)

The General Secretary Vs the Management — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Both writ petitions partly allowed: the punishment of stoppage of increment (three years and two years, with cumulative effect) is reduced/modified to stoppage of increment for three years and two years respectively WITHOUT cumulative effect; the prayer to quash the Labour Court awards was not accepted; no costs.

Issue for consideration

Whether the awards of the Labour Court, Tirunelveli in I.D.Nos.72 & 73 of 2017 contain any error or infirmity so as to be quashed. +2 more

Court's answer

This Court finds no error or infirmity in the orders passed by the Labour Court, Tirunelveli; consequently the awards are not quashed.

Ratio / Principle

The industrial disputes in I.D.Nos.72 and 73 were raised only in the year 2017, after 5 1/2 years from the punishment, which weighed against interference with the Labour Court's awards.

Key takeaways

The Court is not satisfied with the medical certificate issued by the self-described registered hereditary Siddha Medicine Practitioner who treated the workman.ratio¶46
The punishment imposed on the workman (stoppage of increment with cumulative effect) is not proportionate to the mistake committed by him.ratio¶46
The punishment is modified to stoppage of increment for three years and two years respectively, without cumulative effect.ratio

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Madurai Bench) | B. Pugalendhi, J. | 16.09.2025 | W.P(MD)Nos.5679 & 5686 of 2021 — The General Secretary, Tamil Nadu State Transport Corporation Kamaraj Nadar Trade Union v. The Management, Tamilnadu State Transport Corporation (Tirunelveli Division) Ltd. A driver (Ayyappan) of the Corporation was twice punished with stoppage of increment — three years and two years, both WITH cumulative effect — for unauthorised absence of about 10 days each from 06.11.2009 and 26.07.2009, having admitted the charges in departmental enquiry pursuant to charge memos dated 18.02.2010. The Labour Court, Tirunelveli dismissed the Union's industrial disputes (I.D.Nos.72 & 73 of 2017) by awards dated 29.01.2020 and 30.01.2020; the Union sought certiorarified mandamus under Article 226 to quash them. HELD: (i) no error/infirmity in the Labour Court awards — disputes were raised only in 2017 after a lapse of 5 1/2 years, and the Court was not satisfied with the medical certificate of the Siddha practitioner relied on to excuse the absence (jaundice); (ii) however, the punishment was not proportionate to the mistake, and was modified to stoppage of increment for three years and two years respectively WITHOUT cumulative effect. Writ petitions partly allowed; no costs. Key themes: proportionality of minor punishment in disciplinary matters; unauthorised absence; belated raising of industrial dispute; medical certificate by hereditary Siddha Medicine Practitioner.

W.P(MD)Nos.5679 & 5686 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P(MD)Nos.5679 & 5686 of 2021

The General Secretary, Tamil Nadu State Transport Corporation Kamaraj Nadar Trade Union, Reg.No.537 K.K.M., 181/1, St.Michael Building, Mathias Nagar, Nagercoil – 629 001. Kanyakumari District. ... Petitioner in both WPs

Vs

The Management, Tamilnadu State Transport Corporation, ( Tirunelveli Division ) Ltd., Ranithottam , Nagercoil, Kanyakumari District - 629001.

...Respondent in both WPs

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Certiorarified Mandamus, calling for the records on the file of the Hon'ble Labour Court, Tirunelveli pertaining to its award dated 29/01/2020,

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W.P(MD)Nos.5679 & 5686 of 2021

30.01.2020 in I.D.No.72/2017, 73/2017 and quash the same and consequently direct the respondent to disburse all the attendant and monetary benefits.

For Petitioners : Mr.Dennis Joe.M For Respondent : Mr.R.Rajamohan (In both writ petitions)

C O M M O N O R D E R

The General Secretary of the Tamil Nadu State Transport

Corporation Kamaraj Nadar Trade Union, Kanyakumari has preferred these writ petitions as against the award passed by the Labour Court, Tirunelveli in I.D.Nos.72 & 73 of 2017, dated 29.01.2020 and 30.01.2020.

2.The case of the petitioner in WP(MD) No. 5679 of

2021 is that a driver by name, Ayyappan, a member of the petitioner

Union was unauthorisedly absent for more than 10 days from 06.11.2009, without any prior permission and without submitting any leave application. Therefore, the respondent Management has initiated disciplinary proceedings as against him by issuing a charge

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W.P(MD)Nos.5679 & 5686 of 2021

memo in 6528/legal-14/order/TNSTC/2009, dated 18.02.2010. An enquiry was conducted and during the enquiry, the workman has admitted the charges levelled as against him. Therefore, he was imposed with the punishment of stoppage of increment for a period of three years with cumulative effect. Challenging the same, the Union has raised an industrial dispute before the Labour Court, Tirunelveli and the same was dismissed by the Labour Court, by its order dated.29.01.2020. Aggrieved over the same, the Labour union has filed this writ petition.

3.The case of the petitioner in WP(MD) No.5686 of 2021 is that the same driver, Ayyappan was unauthorisedly absent for a period of 10 days from 26.07.2009, without any prior permission and without submitting any leave application. Therefore, the respondent Management has initiated disciplinary proceedings as against him, by issuing a charge memo in 5443/ legal-14/ order/ TNSTC/ 2009, dated 18.02.2010. An enquiry was conducted and during the enquiry, the workman has admitted the charges levelled as

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W.P(MD)Nos.5679 & 5686 of 2021

against him. Therefore, he was imposed with the punishment of stoppage of increment for a period of two years with cumulative effect. Challenging the same, the Union has raised an industrial dispute before the Labour Court, Tirunelveli and the same was dismissed by the Labour Court, by its order dated.30.01.2020. Aggrieved over the same, the Labour union has filed this writ petition.

4.Since the parties and the issue in both the writ

petitions are one and the same, these writ petitions are taken up together and disposed of by this common order.

5.The learned counsel appearing for the petitioner Union submits that the workman was suffering from jaundice and therefore he failed to attend the duty during the relevant period. He has also produced a certificate issued by a Siddha Medicine Practitioner, by whom, he was treated. However, without considering the same, the respondent has imposed the punishment on the workman and the

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Labour Court has also rejected the request of the workman.

6.The learned Standing Counsel appearing for the

respondent Transport Corporation submits that the employee was unauthorisedly absent for a period of 10 days from 26.07.2009 and also from 06.11.2009. Therefore, charge memos were issued as against him on 18.02.2010. During the enquiry, he has admitted the charges and assured that he will not repeat the same. As the workman himself admitted the charges and also taking into consideration of his previous records, the Management has imposed the punishment of stoppage of increment with cumulative effect, by its order, dated 29.07.2011 and 02.02.2011. He further submits that the workman has raised the Industrial Dispute after the lapse of 5 ½ years from the date of order of punishment. Therefore, there is no necessity to interfere with the order of punishment imposed on him.

7.This Court considered the rival submissions made and also perused the materials placed on record.

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W.P(MD)Nos.5679 & 5686 of 2021

8.Admittedly, the workman was absent unauthorisedly

for a period of 10 days in the month of July and November 2009, for which, charge memos were issued and on proved charges on his confession, the punishment of stoppage of increment with cumulating effect was imposed in the year 2011. The petitioner has also produced a Medical Certificate issued by one St.Michael Siddha Varma Vaithiyasalai. The Doctor, who has issued the Certificate claims that he is a registered hereditary Siddha Medicine Practitioner. This Court is not satisfied with the Medical Certificate. It is to be noted that the industrial dispute in I.D.Nos.72 and 73 were raised only in the year 2017 after 5 ½ years. Therefore, this Court does not find any error/infirmity in the order passed by the Labour Court, Tirunelveli. However, this Court is of the view that the punishment imposed on the workman is not proportionate to the mistake committed by him.

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W.P(MD)Nos.5679 & 5686 of 2021

In view of the above, the punishment imposed on the workman is modified as that of stoppage of increment for three years and two years respectively, without cumulative effect. Accordingly, these writ petitions are partly allowed. No costs.

16.09.2025

Index:Yes Internet:Yes vrn To The Management, Tamilnadu State Transport Corporation, ( Tirunelveli Division ) Ltd., Ranithottam , Nagercoil, Kanyakumari District - 629001.

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B.PUGALENDHI, J.

vrn

Commom Order made in W.P(MD)Nos.5679 & 5686 of 2021

16.09.2025

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